Col. Jacques Baud: Why the EU Is Failing on Every Front
Quick Read
Summary
Takeaways
- ❖Colonel Jacques Baud was sanctioned by the EU on December 15th for alleged 'propaganda for Russia,' resulting in frozen bank accounts and travel restrictions within the EU without any legal due process.
- ❖Baud, a UN expert on the rule of law, argues that the EU's actions constitute a 'breach of the rule of law,' as decisions are made by foreign ministers without regard for legal principles, resembling a dictatorship.
- ❖The EU's common foreign and security policy is a 'fiction' because the 27 member states have fundamentally different geopolitical interests and priorities.
- ❖EU leadership, particularly Kaja Kallas, is criticized for a singular, 'visceral' focus on Russia, neglecting other critical global issues and failing to develop a comprehensive foreign policy strategy.
- ❖The EU acts as a 'reinforcement for US policy,' sacrificing its potential role as a mediation power in conflicts like Iran or Palestine to maintain US involvement on the European continent.
- ❖The EU lacks clear objectives and leadership in foreign policy, creating a 'structural disarray' that external actors like the US find difficult to navigate.
Insights
1EU Sanctions Without Due Process: A Breach of Rule of Law
Colonel Jacques Baud was sanctioned by the EU, freezing his bank accounts and restricting his travel within the EU, based on allegations of 'propaganda for Russia.' He states these sanctions were imposed by EU foreign ministers, not a court, and without any opportunity for him to present his case, defend himself, or have legal representation. As a UN expert on the rule of law, Baud asserts this constitutes a 'blatant example' of the EU operating outside the rule of law, where policy dictates governance rather than legal principles.
Baud's personal experience of sanctions, including frozen bank accounts and travel restrictions, decided by foreign ministers without court proceedings or legal defense opportunities.
2EU's Foreign Policy: A 'Mess' of Conflicting National Interests
The EU's ambition to be a political power with a common foreign and security policy is failing because member states have vastly different interests. Western European countries like France have historical ties to Africa, while Eastern European states like the Baltics have a 'visceral hatred' towards Russia. This divergence means a unified foreign policy is a 'fiction,' leading to an incoherent approach where national interests are disregarded by Brussels, as seen with energy sanctions impacting Hungary and Slovakia.
Discussion of France's interests in Africa versus Baltic states' focus on Russia; the impact of Russian energy sanctions on landlocked countries like Slovakia and Hungary.
3EU as a 'Vassal' to US Policy, Lacking Independent Strategy
The EU's foreign policy is primarily driven by a desire to maintain US involvement in Europe, particularly in the Ukraine conflict to weaken Russia. This subservience means the EU avoids contradicting US policy, effectively becoming a 'reinforcement for US policy' rather than an independent mediation power. This is evident in its lack of strategy for conflicts in Palestine or Iran, and its singular focus on Russia even when engaging with China or the US on other issues.
Kaja Kallas's consistent focus on Russia in discussions with China and the US; the EU's historical role as a potential mediator in Iran vs. its current alignment with US policy.
4Incompetent Leadership Undermines EU Foreign Policy
The guest criticizes the EU's foreign policy leadership, specifically Kaja Kallas, for a lack of 'global understanding' and a singular focus on Russia. He highlights that leaders from smaller nations, like Estonia (Kallas's home country), may lack the vision and experience for complex global diplomacy. This narrow perspective prevents the EU from developing comprehensive strategies for diverse geopolitical challenges and makes it appear strategically adrift to external observers.
Critique of Kaja Kallas's leadership, her background as PM of a small country, and her singular focus on Russia in all foreign policy discussions.
Bottom Line
The EU's application of foreign policy measures domestically, as seen in Baud's case, sets a dangerous precedent where individuals within the EU can be deprived of fundamental rights without legal recourse, potentially escalating to harsher punishments outside the rule of law.
This suggests a systemic risk to civil liberties within the EU, indicating that political expediency can override established legal protections. For individuals and organizations operating within the EU, this implies an unpredictable legal landscape where political decisions can directly impact personal and financial freedoms without judicial oversight.
Legal advocacy groups and human rights organizations could leverage this case to challenge the EU's sanctioning mechanisms and push for reforms that ensure due process and adherence to the rule of law for all individuals, regardless of their perceived political alignment.
Key Concepts
Rule of Law vs. Governance by Policy
The guest defines the 'rule of law' as a system where governance is guided by law, ensuring legal processes for punishment and political arrangement. He contrasts this with 'governance by policy,' where political decisions override legal frameworks, which he identifies as a characteristic of dictatorships. He argues the EU has drifted into the latter, making decisions (like sanctions) based on political policy without due legal process.
Lessons
- For individuals within the EU, understand that political decisions can lead to sanctions without traditional legal due process, impacting financial and travel freedoms. Diversify assets and residency if concerned about political targeting.
- For businesses, recognize the EU's fragmented foreign policy. Do not assume a unified European stance on geopolitical issues; instead, analyze individual member state interests and their historical relationships.
- For diplomats and international relations professionals, approach the EU as an entity with internal contradictions and a primary focus on US alignment regarding Russia. Seek engagement with individual member states or other mediating bodies like NATO for broader geopolitical issues.
Quotes
"This case of sanction is a breach of the rule of law. Rule of law means that the governance is guided by law in a country... Here in the EU, this the system has been put upside down... decision have been made by the council of minister without any regards to law."
"The EU is governed by policy or politics and not by law. So it's not an organization that works according to the rule of law. So the EU is not a democratic. In fact, dictatorship works with in the absence of rule of law where policy and politics define how you govern."
"The idea of having one common security and a foreign and security policy for the whole of Europe is in fact a fiction and it has never worked. Uh because the interests are so different."
"Europe has failed to find a way to talk for all the the members... when you start to deal with foreign policy and try to accommodate the interest of 27 countries, you have to be probably more nuanced."
"The problem of the EU, you cannot trust the EU because you don't know exactly what kind of interest they represent. And in the past the EU has played... a role as a potential mediation actor because it was outside of the conflict... But today it's no longer the case."
"The only objective the European Union has is to weaken Russia. And what does it mean? In what terms? Military terms, economic terms. We know that in military terms it's not true. We know that in economic terms is is is not true either. In political terms, not even."
Q&A
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